Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with product liability

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imageSome potentially contaminated flour was recalled by General Mills and the FDA has warned consumers not to eat raw dough. Since last December the FDA has received reports of 38 people that have been contaminated by a strain of bacteria called Shiga toxin-producing E. coli O121,  while eating or handling raw dough from flour produced last November by General Mills in Kansas City. 10 of the 38  people had to be hospitalized.  Patients usually recover within a week but severe infections can lead to a type of kidney failure called hemolytic uremic syndrome. Children below 5 years old as well as adults with a weak immune system are the most at risk.

The dough is only dangerous for consumption while eaten raw which happen mostly when consumers eat the scraps while preparing cookies or other baked goods. Children who play with home made play clay are also at risk of being contaminated.

The following types of flour were recalled: Gold Medal, Signature Kitchens and Gold Medal Wondra. Consumers who have bought these types of flour and have then in their pantry should discard them.

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J&J Baby powderJohnson and Johnson failed to warned about the risk of ovarian cancer for women using its talc powder for genital use. Yesterday the company was order to pay $55 million damages to a female consumer who blamed her ovarian cancer on the use of of the famous baby powder for genital use. This is the second product liability lawsuit that Johnson & Johnson has lost for failure to warn about the risk of ovarian cancer. In February a similar lawsuit brought by the family of a woman who died from ovarian cancer at 62 years old led to a $72 million verdict against the company. J&J is now facing more than a thousand similar lawsuits.

The use of talc for feminine genital hygiene has been a controversial subject for decades. In 1971, British researchers looked at ovarian tumors under a microscope and found that 13 out of 10 were embedded with talc. A more recent study by Dr Daniel Kramer, a gynecologist and Harvard Medical School Professor found that women who used talc powder on their genitals had a 33% higher risk of ovarian cancer than women who didn’t use talc on their genitals.

So far 20 studies have found a relation between the use of talc for feminine hygiene purposes but other studies also found no association.

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Defective sterilization process may have caused contamination in some Bumble Bee and Chicken of the Sea tuna cans. Contaminated products may potentially cause life threatening illnesses. According to CNN, the quality and compliance team discovered a malfunction OF a machinery part during the sterilization process during a routine inspection in a Georgia production plant in which both brands were manufacturing their products. The malfunction may have caused some products to be not fully cooked.

The recall affects 31,579 cases of Bumble Bee canned tuna with UPC codes codes 8660000020, 8660000021 and 8660000736 sold nationally in February 2016. The recalls also affects 2,745 cases of Chicken of the Sea brand with UPC codes are 0 4800000195 5 and 0 4800000245 7 and produced last February and March.

Bumble Bee product recall

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hoverboardCases of defective hoverboards busting into flames or exploding all over the world have prompted the National Fire Marshall Organization to issue a warning about the safety risks related to these fashionable products. A similar warning was also issued by the UK’s National Trading Standard after 88% of the products they tested posed a risk of catching fire.  In New York, these self balanced scooters have been declared illegal and users risk a fine of $200 if they are caught by the police riding them.

Because hoverboards are in high demand this holiday season, negligent manufacturers have been flooding the market with shoddy versions of the toy that have a high risk of catching fire. Explosions often happen during charging time and are caused by defective lithium batteries but cases of hoverboards catching fire during rides have also been reported.  In Louisiana an exploding hoverboard led to a fire that completely destroyed a house (see video below).

Read more in the NY Daily News

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Defective front disk brakes and quick-release levers installed on 1.3 million bicycles in the US may pose a risk of injury to bicycle riders. An open quick release lever on the bicycle’s front wheel hub can come into contact with the front disc brake rotor causing the front wheel to come to a sudden stop or separate from the bicycle. Therefore the following companies are recalling some models from the following brands:

bike recall

If your bicycle is from one of these brands, the video below can help you determine if your bicycle is affected  and if so what to do about it.

 

 

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Bed handle
The company Bed Handles Inc is re-announcing the recall of 3 models of their portable bed handles  because they are defective and have caused the death of 4 people. These products are: Bedside Assistant, Model BA10W, Travel Handles Use, Model BA11W, Adjustable Bed Handle, Model AJ1.

When attached to an adult bed without the use of safety retention straps, the handles can shift out of place, creating a dangerous gap between the handles and the side of the mattress, posing a risk of entrapment, strangulation and death.

Recently a 90 year old woman died in a nursing home after being entrapped in the gap between the mattress and the defective bed handle. Before her three other women died in similar conditions.

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Product Liability Litigation Product liability litigation is one of the only areas of litigation that companies spent more on in 2015.

A recent article in Law 360  provides an overview of the BTI Litigation Outlook 2016 report by BTI Consulting Group and indicates that companies have been spending more on product liability litigation in 2015 and will most probably continue to do so in 2016.

This increase in product liability litigation is mostly related to regulation on food safety such as food labeling and the use of genetically modified ingredients.

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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that 10 of their New York Personal Injury Lawyers were listed in The Best Lawyers in America© 2016.

Marijo AdimeyJeffrey B. Bloom, Seymour Boyers, Anthony H. Gair, Howard S. Hershenhorn, Stephen H. Mackauf, Ben B. Rubinowitz, Christopher Sallay and Richard M. Steigman were selected in the following practice areas:

Marijo Adimey, listed in Best Lawyers since 215

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airbagThe National Highway Traffic Safety Administration (NHTSA) just announced that they were probing another company for defective airbags. According to the document posted on the NHTSA website, ARC Automotive is being investigated for airbag inflator rupture following two reports of incidents during which two people were injured.  A first incident of airbag inflator rupture was reported in 2009 but was considered an isolated case. However after KIA reported, this year, a product liability lawsuit for another airbag rupture from the same manufacturer, the US Safety regulators decided to probe ARC Automotive, Inc. The ARC probe will cover airbags in about 420,000 Fiat Chrysler Town and Country minivans from model year 2002, and 70,000 Kia Optima midsize sedans from model year 2004. Read more on the CNBC website

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A defective surgical staple used to close tissue in the left atrial appendage of the heart is being recalled by the FDA after reports that patients suffered personal injuries such as tissue tears and bleeding  including a possible tear of the left atrial wall (top left chamber) during use of the device.   The manufacturer of the defective medical device, Maquet Medical Systems, sent an “Urgent Medical Device Recall (Removal) Immediate Action Required” letter to all affected customers asking them to immediately remove and quarantine the Tiger paw System II from their inventory.

Read the press release from the FDA